NO iEAD, can work when I765 is pending

waiting4mygc

Registered Users (C)
I came to know that the local immigration center is not providing any interim ead within or after 90 days. If 90 days have passed, and if any one take infopass appointment for pending i765, then local office sends an email to the processing center and the processing center must respond in 10 days. This process is since october 1.

And anyone can work if the the i765 is pending. It is legal to work if the renewal I765 application is pending and it is upto the employer to decide whether to keep or let to go.

I think it makes sense as folks are/can work when the H1B renewal is pending.. right?
 
Last edited by a moderator:
Can you please provide evidence that it is OK to work while an EAD application is pending, because this is contrary to everyone's common knowledge.
 
Today morning I went to get iEAD and got the information from immigration officer.

Like you, I was surprised to know I can work when my application is pending. Is there any document saying one should not work when renewal i765 is pending???

Local office is not giving iEAD since october.

And you will be surprised to know that allocating visa #s are based on the decision by both USA and the country of origin. Officer also told me that some countries wont allow more than 500 a year... to avoid brain drain in their own country. Interesting huh... !!!
 
waiting4mygc said:
Today morning I went to get iEAD and got the information from immigration officer.

That is meaningless. Oral information from an Information Officer at a district office has no value.

And you will be surprised to know that allocating visa #s are based on the decision by both USA and the country of origin. Officer also told me that some countries wont allow more than 500 a year... to avoid brain drain in their own country. Interesting huh... !!!

That should be your best clue that the officer has no idea whatsoever what he or she is talking about.
 
Agree.. I was surprised to hear that... but it also makes sense.. when h1b renewal is pending and allowed to work, why not EAD. If fresh or new EAD application is pending, then we are not allowed.. its renewal. So I think we can work. I am not attorney or an expert on these issues... just sending my thoughts
 
waiting4mygc said:
but it also makes sense.. when h1b renewal is pending and allowed to work, why not EAD. If fresh or new EAD application is pending, then we are not allowed.. its renewal. So I think we can work.

This is incorrect. There is a section of the CFRs that provides the 240 day grace period/extension of employment authorization, and it explicitly refers to extension of non-immigrant status. An EAD is NOT a non-immigrant status, and therefore the automatic extension of work authorization pending a renewal does not apply to EADs.
 
RealCanadian is correct. You can not work on expired EAD. unlike H1 if it is pending...

Recently I went to local USCIS office
Immigration Officer told that I can not work if the EAD is not approved before expiration and there is no IEAD. Company HR informed that they have to terminate my employment if I dont get renewal before Dec 1st (EAD Expiration Date)

Submitted expediate request and waiting.
 
hi,
would like to know how to submit an expeditec request when the EAD approval is delayed beyond the 90 days.
 
Expedite Process for EAD

Hi,

Can you please lets us know what is this expedite process ? My wife's EAD has expiered and she has been sitting home on loss of pay. So far her company is still waiting for the renewal of EAD, but cannot say how long.

Any inputs that could help us get her EAD faster would be highly appreciated.

Thanks Gurus
 
pratham said:
Company HR informed that they have to terminate my employment if I dont get renewal before Dec 1st (EAD Expiration Date).
That's a bit harsh. What they should do is place you on leave of absence (LOA) until your new EAD is approved. LOA is a state in which you are "employed" by the company, but are not working and are not being compensated.
 
some companies prefer Termination of Employment over LOA. May be its safe for them.
 
Last edited by a moderator:
Kshitij said:
Hi,

I faxed and Sent Next day Air Letter to NSC
Attn: I-765 Unit

Just got an email that it is approved.

Thanks
=====

Hi Kshitij,

Can you please send a format of this letter Also , did you send this letter to the same address as that you had sent the original application ?
 
Hi kshitij
Congratulations ! I think your expedite request worked. Can you tell me.. how long ago you applied for EAD, and was it already expired when you sent the expedite letter. After sending the letter how long did it take to approved.

Regards
 
Hi atulh and waiting4mygc ,

I submitted expediate request on nov 10 by fax and certified mail

attn- I765 Unit
Expediate Request for EAD Approval

Below is the Fax no and format

402-219-6171

To: Director of the Office/Immigration Officer
United States Citizenship and Immigration Services
Nebraska Center, P.O. BOX 87765, Lincoln, NE 68501-7485

Subject: EXPEDITED HANDLING REQUEST – RENEWAL OF EAD APPLICATION
I-765 RECEIPT:
A:
Applicant: Dear Sir/Madam,

This is in regards to my EAD renewal application was filed on Sept 20th, 2006.
My current EAD expires on December 1st 2006.
I admit it’s my mistake that I didn’t well planned to apply for EAD well in advance of 3 months before expiration.
In case I don’t get my EAD card before the expiration date, I will be terminated from the job
My humble request to you, please approve my application for EAD at the
I would be glad to provide you any additional information as required by you.

I will highly appreciate and be thankful to you for your kind consideration for this matter, and I hope you will oblige my humble request.

Sincerely,
 
Last edited by a moderator:
Top